How New York Courts Are Keeping Prosecutors in Line

Evidence that supports the accused is supposed to be turned over to the defense. Ted Stevens would know.

By

Emmet G. Sullivan

Nov. 17, 2017 6:09 pm ET

A good prosecutor never forgets the government’s constitutional obligations. Every prosecuting attorney has a legal and ethical duty to seek out and turn over to the defense all evidence favorable to the accused that is in the possession of any government official, including the police. The Supreme Court made this clear in a 1963 case, Brady v. Maryland, and a line of subsequent rulings over five decades.

The trouble is what to do about prosecutors who deliberately ignore these rulings. Most prosecutors operate under high...